Although the Department of Commerce has begun promulgating the permanent rule that is required by
2009 Act 295
, the time periods in chapter 227 of the Statutes for promulgating permanent rules preclude the permanent rule from becoming effective in time to accommodate allocating the tax credits for the 2009-10 fiscal year. This emergency rule will enable the Department of Commerce to establish an application, certification, and tax credit allocation process for the entities that will be eligible for the allocation that expires on June 30, 2010.
Publication Date:
June 8, 2010
Effective Dates:
June 8, 2010 through
November 4, 2010
Hearing Date:
August 17, 2010
3.
EmR1026
— Rule adopted creating
Chapter
Comm 139
, relating to rural outsourcing grants.
Exemption From Finding of Emergency
The Legislature, by Section
45 (1) (b)
of
2009 Wisconsin Act 265
, exempts the Department from providing evidence that this emergency rule is necessary for the preservation of public peace, health, safety or welfare; and exempts the Department from providing a finding of emergency for the adoption of this rule.
Publication Date:
July 2, 2010
Effective Dates:
July 2, 2010 through
November 28, 2010
Hearing Date:
October 13, 2010
(See the Notice in this Register)
4.
EmR1029
— Rule adopted to repeal and recreate
Chapter
Comm 137
,
relating to reallocations for recovery zone facility bonds as established under the federal American Recovery and Reinvestment Act of 2009, and affecting small businesses.
Exemption From Finding of Emergency
The Legislature, by Section 5 (1) (b) in
2009 Wisconsin Act 112
, exempts the Department from providing evidence that this emergency rule is necessary for the preservation of public peace, health, safety or welfare; and exempts the Department from providing a finding of emergency.
Publication Date:
July 23, 2010
Effective Dates:
July 23, 2010 through
December 19, 2010
Hearing Date:
October 1, 2010
Corrections
EmR0939
— Rule adopted revising
Chapter
DOC 302
, relating to sentence calculations and prison release and to administrative review of inmate classification decisions.
Finding of Emergency
The Department of Corrections finds that an emergency exists and that emergency rules are necessary for the immediate preservation of public peace, health, safety and welfare. A statement of facts constituting the emergency is:
Under
2009 Wisconsin Act 28
, the legislature provides for the release of inmates from prison if certain criteria are met. The Department is responsible for implementing several of those procedures. Specifically, the department is responsible for implementing the early release programs under: (1) s PAT (2) ERP/CIP (3) CER (4) Risk reduction (5) 75%/85%. In addition, the department is revising section 302.18 to facilitate the review of inmates for purposes of early release.
If the rule is not created promptly and immediately, the Department will not be able to proceed in reviewing inmates under these various release procedures. This could result in significant delay in the implementation of the statutory provisions which will negatively impact the ability of the Department to manage the inmate population in a safe and effective manner. In addition, a delay will affect the management and control of inmate population levels of correctional facilities with the resources necessary to maintain public safety.
The purpose of the emergency rule is to implement newly created statutory provisions providing for release of inmates under specified circumstances. The permanent rule process has been started. However, the permanent rule process will take approximately nine months to complete. Emergency rules are necessary for a prompt implementation of the legislative mandates concerning the release of inmates meeting established criteria while the permanent rules are being developed.
Publication Date:
December 31, 2009
Effective Dates:
December 31, 2009
through May 29, 2010
Extension Through:
September 26, 2010
Hearing Date:
February 25, 2010
Earned Release Review Commission
(Formerly Parole Commission)
EmR0940
— Rule adopted revising
Chapter
PAC 1
,
relating to the release of inmates through parole or other procedures.
Finding of Emergency
The Wisconsin Earned Release Review Commission finds that an emergency exists and that emergency rules are necessary for the immediate preservation of public peace, health, safety and welfare. A statement of facts constituting the emergency is:
Under
2009 Wisconsin Act 28
, the legislature provides for the release of inmates from prison if certain criteria are met. The Earned Release Review Commission (formerly the Parole Commission) is responsible for implementing several of those procedures. Specifically, the commission is responsible for considering the early release of inmates under: (1) section
304.06 (1) (bg)1.
and
2.
, Stats., after the inmate has served the term of confinement of their bifurcated sentence less positive adjustment time, (2) section
304.06 (1) (bg) 3.
and
4.
, Stats., after the inmate has served either 75 % or 85 % of their term of confinement, depending on the offense for which the inmate was sentenced, and (3) section
302.1135 (2) (a)
,
(b)
, and
(c)
, Stats., based on age or extraordinary health.
If the rule is not created promptly and immediately, the commission will not be able to proceed in reviewing inmates under these various release procedures. This could result in significant delay in the implementation of the statutory provisions which will negatively impact the ability of the department of corrections to manage the inmate population in a safe and effective manner. In addition, a delay will affect the management and control of inmate population levels of correctional facilities with the resources necessary to maintain public safety.
The purpose of the emergency rule is to implement newly created statutory provisions providing for release of inmates under specified circumstances. The permanent rule process has been started. However, the permanent rule process will take approximately nine months to complete. Emergency rules are necessary to respond the legislatively recognized need to review inmates who meet the requirements under the statutes for potential release while the permanent rules are being developed.
Publication Date:
December 31, 2009
Effective Dates:
December 31, 2009
through May 29, 2010
Extension Through:
September 26, 2010
Hearing Date:
February 23, 2010
Government Accountability Board (2)
1.
EmR1016
— Rule adopted to create
section
GAB 1.91
,
relating to organizations making independent disbursements.
Finding of Emergency
Pursuant to s.
227.24
, Stats., the Government Accountability Board finds an emergency exists as a result of the United States Supreme Court decision
Citizens United v. FEC
, 558 U.S. ___, (No. 08-205)(January 21, 2010). Within the context of ch.
11
, Stats, the rule provides direction to organizations receiving contributions for independent disbursements or making independent disbursements. Comporting with
Citizens United,
this emergency rule order does not treat persons making independent disbursements as full political action committees or individuals under s.
11.05
, Stats., for the purposes of registration and reporting. With respect to contributions or in-kind contributions received, this emergency rule order requires organizations to disclose only donations "made for" political purposes, but not donations received for other purposes.
The Board adopts the legislature's policy findings of s.
11.001
, Stats., emphasizing that one of the most important sources of information to voters about candidates is available through the campaign finance reporting system. The Board further finds that it is necessary to codify registration, reporting and disclaimer requirements for organizations receiving contributions for independent disbursements or making independent disbursements so that the campaign finance information is available to voters. The rule must be adopted immediately to ensure the public peace and welfare with respect to the administration of current and future elections.
Publication Date:
May 20, 2010
Effective Dates:
May 20, 2010 through
October 16, 2010
Extension Through:
December 15, 2010
Hearing Date:
August 30, 2010
2.
EmR1035
— Rule adopted to repeal and recreate
Chapter
GAB 4
, relating to observers at a polling place or other location where votes are being cast, counted or recounted.
Finding of Emergency
The Government Accountability Board repeals and recreates chapter GAB 4, Election observers, to establish guidelines for election inspectors and observers alike regarding observation by "any member of the public" of the public aspects of the voting process and regarding the conduct of observers at polling places and other locations where observation of the public aspects of the voting process may take place. The Board finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of the facts constituting the emergency is:
Pursuant to s.
227.24
, Stats., the Government Accountability Board finds that an emergency exists in the Board's May 5, 2008 decision to decline to reaffirm the administrative rule ElBd 4.01 because the rule was inconsistent with the requirements of its enabling statute, s.
7.41
, Stats. The statute states that any member of the public is allowed to be present at the polls on Election Day to observe; however, it does not specify standards of conduct by which observers must abide.
The Board further finds that given the public interest in the 2010 General Election, the expected high turnout, the increasing use of observers in the polling place, and the comments of municipal and county clerks regarding the obstacles observers can pose to the orderly conduct of elections, it is necessary to codify standards to regulate the observers' conduct and that the attached rule governing observer conduct must be adopted prior to the General Election to ensure the public peace and safety with respect to the administration of the fall elections.
Publication Date:
To be determined
Effective Dates:
To be determined
Health Services
Health, Chs. DHS 110—
EmR1009
— Rule adopted to revise
Chapter
DHS 137
, relating to anatomical gifts and the Wisconsin Donor Registry.
Finding of Emergency
The Department of Health Services finds that an emergency exists and that the adoption of an emergency rule is necessary for the immediate preservation of the public health, safety and welfare. The facts constituting the emergency are as follows:
There are over 105,000 people in the United Sates on the national waiting list for organ transplants including 1,500 in Wisconsin. Due to the limited availability of organs for transplantation, 18 people die each day in the United States.
As part of Wisconsin's response to the need for increased organ and tissue donation, the department, as authorized under s.
157.06 (20)
, Stats., has established the Wisconsin Donor Registry (Donor Registry).
The Donor Registry will make it easier for Wisconsin residents to become donors and for procurement organizations to identify donors, and thus it should increase the supply of available organs and tissues, which may save the lives of persons awaiting transplant.
Promulgating the rules for the Donor Registry as emergency rules will enable department-authorized procurement organizations to quickly determine whether a person who is at or near death has a record of gift. In addition, the Donor Registry makes it possible for individuals to immediately make anatomical gifts.
The Donor Registry will become available for use by the public upon the effective date of these emergency rules and may be accessed by the public at
yesIwillwisconsin.com
. Substantially identical permanent rules are being proposed concurrent to this emergency order.
Publication Date:
March 29, 2010
Effective Dates:
March 29, 2010 through
August 25, 2010
Extension Through:
October 24, 2010
Hearing Date:
May 5, 2010
Insurance (3)
1.
EmR0925
— Rule adopted to create
section
Ins 3.75
, relating to continuation of group health insurance policies.
Exemption From Finding of Emergency
(4)
Continuation coverage rules.
(a) Notwithstanding section
632.897
of the statutes and subsections (1), (2), and (3), the commissioner of insurance may promulgate rules establishing standards requiring insurers to provide continuation of coverage for any individual covered at any time under a group policy who is a state eligible individual to whom subsection (2) or (3) applies or an assistance eligible individual, as defined under section 3001 (a) (3) of the federal act, including rules governing election or extension of election periods, notice, rates, premiums, premium payment, application of preexisting condition exclusions, and election of alternative coverage.
(b) The commissioner may promulgate the rules under paragraph (a) as emergency rules under section
227.24
of the statutes. Notwithstanding section
227.24 (1) (c)
of the statutes, emergency rules promulgated under this paragraph may remain in effect for one year and may be extended under section
227.24 (2)
of the statutes. Notwithstanding section
227.24 (1) (a)
and
(3)
of the statutes,
the commissioner is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph
. [Emphasis Added]
Publication Date:
October 1, 2009
Effective Dates:
October 2, 2009
through October 1, 2010
Extension Through:
November 29, 2010
Hearing Date:
December 8, 2009
2.
EmR0945
— Rule adopted revising
section
Ins 3.75
, relating to the continuation of group health insurance policies.
Exemption From Finding of Emergency
(4) CONTINUATION COVERAGE RULES (a) Notwithstanding section
632.897
of the statutes and subsections (1), (2), and (3), the commissioner of insurance may promulgate rules establishing standards requiring insurers to provide continuation of coverage for any individual covered at any time under a group policy who is a state eligible individual to whom subsection (2) or (3) applies or an assistance eligible individual, as defined under section 3001 (a) (3) of the federal act, including rules governing election or extension of election periods, notice, rates, premiums, premium payment, application of preexisting condition exclusions, and election of alternative coverage.
(b) The commissioner may promulgate the rules under paragraph (a) as emergency rules under section
227.24
of the statutes. Notwithstanding section
227.24 (1) (c)
of the statutes, emergency rules promulgated under this paragraph may remain in effect for one year and may be extended under section
227.24 (2)
of the statutes. Notwithstanding section
227.24 (1) (a)
and
(3)
of the statutes,
the commissioner is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph
. [Emphasis Added]
Publication Date:
January 7, 2010
Effective Dates:
January 8, 2010 through
January 7, 2011
Hearing Date:
May 5, 2010
3.
EmR1020
— Rule adopted to revise
Chapter
Ins 17
, relating to annual injured patients and families compensation fund fees and medical mediation panel fees for the fiscal year beginning July 1, 2010, and may have an effect on small business.
Finding of Emergency
The Commissioner of Insurance finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. Facts constituting the emergency are as follows:
These changes must be in place with an effective date of July 1, 2010 for the new fiscal year assessments. The fiscal year fees were established by the Board of Governors at a meeting on May 18, 2010.
Publication Date:
June 15, 2010
Effective Dates:
June 15, 2010
through November 11, 2010
Hearing Date:
July 19, 2010
Military Affairs
EmR1030
— Rule adopted to create
Chapter
DMA 1
, relating to military family financial aid.
Exemption From Finding of Emergency
(2c) EMERGENCY RULE; MILITARY FAMILY FINANCIAL AID. Using the procedure under section
227.24
of the statutes, the department of military affairs shall promulgate the rules described under section
321.45 (2)
of the statutes, as created by this act, for the period before the permanent rules become effective, but not to exceed the period authorized under section
227.24 (1) (c)
and
(2)
of the statutes. Notwithstanding section
227.24 (1) (a)
,
(2) (b)
, and
(3)
of the statutes,
the department of military affairs is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for the rules promulgated under this subsection. [Emphasis added]
Publication Date:
July 26, 2010
Effective Dates:
July 26, 2010 through
December 22, 2010
Hearing Date:
October 13, 2010
(See the Notice in this Register)
Natural Resources (3)
Fish, Game, etc., Chs. NR 1—
1.
EmR1014
— Rule adopted to create
section
NR 45.13 (1m) (d)
, relating to the establishment of a slow-no-wake zone on the Wisconsin River at the Dells of Wisconsin River state natural area.
Finding of Emergency
The Department of Natural Resources finds that and emergency exists and that an emergency rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of the facts constituting the emergency is: Based on information received by the Department, user conflicts are increasing. Failure to enact this rule could lead to additional boating accidents and potential for injury during the upcoming high use season.
Publication Date:
May 20, 2010
Effective Dates:
May 20, 2010 through
October 16, 2010
Hearing Date:
June 22, 2010
Finding of Emergency
The emergency rule procedure, pursuant to s.
227.24
, Stats., is necessary and justified in establishing rules to protect the public welfare. Deer populations are well below goal in much of northeast Wisconsin, causing great concern from hunters and others who value deer. This rule is one of the ways the department is trying to rebuild the populations there. The federal government and state legislature have delegated to the appropriate agencies rule-making authority to control and regulate hunting wild animals. The State of Wisconsin must provide publications describing the regulations for deer hunting to approximately 250,000 archery deer hunters prior to the start of the season. These regulations must be legally in effect prior to printing nearly 1 million copies of the regulations publication. The timeline for the permanent version of this rule will not have it in effect in time for these deadlines.
Publication Date:
July 8, 2010
Effective Dates:
July 8, 2010 through
December 4, 2010
Hearing Date:
August 30, 2010
3.
EmR1033
— Rule adopted to revise section
NR 10.01 (1)
,
relating to hunting and the 2010 migratory game bird seasons and waterfowl hunting zones.
Finding of Emergency
The emergency rule procedure, pursuant to s.
227.24
, Stats., is necessary and justified in establishing rules to protect the public welfare. The federal government and state legislature have delegated to the appropriate agencies rule-making authority to control the hunting of migratory birds. The State of Wisconsin must comply with federal regulations in the establishment of migratory bird hunting seasons and conditions. Federal regulations are not made available to this state until mid-August of each year. This order is designed to bring the state hunting regulations to conformity with the federal regulations. Normal rule-making procedures will not allow the establishment of these changes by September 1. Failure to modify our rules will result in the failure to provide hunting opportunity and continuation of rules which conflict with federal regulations.
Publication Date:
September 1, 2010
Effective Dates:
September 1, 2010 through
January 28, 2011
Natural Resources
Environmental Protection — Hazardous Waste Management, Chs. NR 600—
EmR1007
—
Rule adopted revising
section
NR 660.10
,
relating to hazardous waste management.
Exemption From Finding of Emergency
Section 9137 (2), a non-statutory provision in
2009 Wisconsin Act 28
, authorizes the department to promulgate the required definitions using emergency rule making procedures, but is not required to provide evidence that promulgating a rule under that subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency.
Publication Date:
March 17, 2010
Effective Dates:
March 17, 2010 through
July 1, 2011
Hearing Date:
April 26, 2010
Public Instruction (2)
1.
EmR1018
— Rule adopted to create
Chapter
PI 45
, relating to the use of race-based nicknames, logos, mascots, and team names by school boards.
Finding of Emergency
Pursuant to Section 3 of the nonstatutory provisions of
2009 Wisconsin Act 250
, the Department of Public Instruction is not required to provide evidence that this rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency.
Publication Date:
June 1, 2010
Effective Dates:
June 1, 2010 through
October 28, 2010
Hearing Date:
July 29, 2010
2.
EmR1023
— Rule adopted creating
Chapter
PI 43
, relating to education reform.
Finding of Emergency
The Department of Public Instruction finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of the public welfare. The facts constituting the emergency are as follows:
2009 Wisconsin Act 215
requires the state superintendent to promulgate rules establishing criteria and procedures for determining whether a school or school district is in need of improvement and whether a school is among the lowest performing 5 percent of all public schools in the state. The Act became effective May 14, 2010 and review by the various interest groups was completed June 18, 2010. Rules must be in place as soon as possible to establish identification criteria prior to the upcoming school year.
Publication Date:
June 28, 2010
Effective Dates:
June 28, 2010 through
November 24, 2010
Hearing Date:
July 27, 2010
Regulation and Licensing (4)
1.
EmR0827
— Rule adopted creating
s.
RL 91.01 (3) (k)
, relating to training and proficiency in the use of automated external defibrillators for certification as a massage therapist or bodyworker.
Exemption From Finding of Emergency
Section 41 (2) (b) of the nonstatutory provisions of
2007 Wisconsin Act 104
provides that notwithstanding section
227.24 (1) (a)
and
(3)
of the statutes, the department of regulation and licensing is not required to provide evidence that promulgating a rule as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated to implement
2007 Wisconsin Act 104
. Notwithstanding s.
227.24 (1) (c)
and
(2)
of the statutes, these emergency rules will remain in effect until the date on which the final rules take effect.
Publication Date:
September 10, 2008
Effective Dates:
September 10, 2008
through the date on which
the final rules take effect
Hearing Dates:
November 26, 2008
April 13, 2009
Exemption From Finding of Emergency
Section 41 (2) (b) of the nonstatutory provisions of
2007 Wisconsin Act 104
provides that notwithstanding section
227.24 (1) (a)
and
(3)
of the statutes, the department of regulation and licensing is not required to provide evidence that promulgating a rule as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated to implement
2007 Wisconsin Act 104
. Notwithstanding s.
227.24 (1) (c)
and
(2)
of the statutes, these emergency rules will remain in effect until the date on which the final rules take effect.
Publication Date:
September 10, 2008
Effective Dates:
September 10, 2008
through the date on which
the final rules take effect
Hearing Date:
November 26, 2008
3.
EmR1031
— Rule adopted revising
Chapters
RL 110
to
116
, relating to the regulation of professional boxing contests.
Exemption From Finding of Emergency
The Department of Regulation and Licensing, pursuant to
2009 Wisconsin Act 111
, is not required to provide evidence that an emergency exists nor provide evidence that promulgating a rule is necessary for the preservation of the public peace, health, safety, or welfare.
Publication Date:
August 25, 2010
Effective Dates:
September 1, 2010 through
January 28, 2011
Hearing Date:
September 20, 2010
4.
EmR1032
— Rule adopted creating
Chapters
RL 192
to
196
, relating to the regulation of mixed martial arts sporting events.
Exemption From Finding of Emergency
The Department of Regulation and Licensing, pursuant to
2009 Wisconsin Act 111
, is not required to provide evidence that an emergency exists nor provide evidence that promulgating a rule is necessary for the preservation of the public peace, health, safety, or welfare.
Publication Date:
August 26, 2010
Effective Dates:
September 1, 2010 through
January 28, 2011
Hearing Date:
September 20, 2010
Technical College System Board
EmR1025
— Rule adopted to amend
Chapter
TCS 17
, relating to training program grant funds.
Finding of Emergency
The Wisconsin Technical College System Board finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting an emergency is:
In May 2010, the Wisconsin C.O.R.E. Jobs Act provided an additional $1 million GPR for the training program grants authorized in Wis. Stats. §§
20.292 (1) (eh)
and
38.41
. These funds were provided to address a critical need of Wisconsin employers for skills training and education necessary to protect the state's economic vitality and health, with a special emphasis on advanced manufacturing and welding.
The WTCS Board is required to award these funds by June 30, 2011, the end of the current 2009-11 biennium. In addition, s.
TCS 17.06 (1)
, Wis. Adm. Code, requires that district boards or employers receiving skills training or education under the grant shall contribute matching funds, other than in-kind matching funds, equal to at least 25% of total approved project costs.
Due to the sustained decline in economic conditions and reduction in business revenues, technical college districts report that employers are withdrawing participation in approved training grants because of an inability to fund the 25% match. Therefore, to ensure that business and incumbent workers in need of skills training and other education may access these services and that appropriated funds are distributed to technical college districts for this purpose before the end of the fiscal year, emergency administrative rules eliminating the 25% match requirement must be established immediately.
Publication Date:
July 2, 2010
Effective Dates:
July 2, 2010 through
November 28, 2010
Hearing Date:
September 28, 2010
Transportation
EmR1017
— Rule adopted to create
section
Trans 100.25
,
relating to mandatory insurance exemptions.
Finding of Emergency
The Department of Transportation finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of the public health and welfare. A statement of the facts constituting the emergency is the requirements of the mandatory insurance laws in Chapter
344
, Stats., as created by
2009 Wis. Act 28
, contain exceptions to furnishing proof of a motor vehicle liability insurance policy. This emergency rule defines the administration of those exceptions. These mandatory insurance requirements, and the exceptions, are effective June 1, 2010, thereby necessitating an emergency rule being put into place until the effective date of the permanent rule. Clarification of the mechanism to be used to qualify for an exception under the new statute will be useful to persons wishing to file for an exception. Persons whose religious beliefs preclude them from buying insurance will benefit from this rule making.
Publication Date:
June 1, 2010
Effective Dates:
June 1, 2010 through
October 28, 2010
Hearing Date:
June 24, 2010
